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2021 Supreme(All) 264

JASPREET SINGH
Ram Asrey – Appellant
Versus
Ram Jeet Dubey – Respondent


Advocates:
Advocate Appeared:
For the Appellant : H.S.Sahai, Mohd.Aslam Khan, Mohd.Shadab Khan, Preeti Saxena, Raj Kumar Maurya, Ved Prakash Verma
For the Respondent: Umesh Chandra, Ishwar Dutt Shukla, Pramod Kumar, Santosh Kumar Mehrotra

JUDGMENT :

1. This is the plaintiff's second appeal against the concurrent judgments and decree passed by Munsif, Akbarpur, District Faizabad in a Regular Suit No. 191 of 1976 whereby the suit of the plaintiff was dismissed which was carried forward before the Lower Appellate Court in Civil Appeal No. 288 of 1979 which was also dismissed by means of judgment and decree dated 16.01.1982 passed by the District Judge, Faizabad.

2. Being aggrieved against the aforeasaid judgment and decree, the instant second appeal was preferred which was admitted by this Court by means of order dated 26.03.2014 on the following substantial questions of law as which are being reproduced hereinafter for ready reference:

    (I) Whether the courts below after recording a finding that Smt. Subra remarried with Jhunnu which finding had also become final as a result of the orders passed under the consolidation operations, the courts below in not considering the fact that no custom having been established or proved by the defendant-respondents to the effect that notwithstanding the marriage the widow will continue rights over the property of her former husband, could hold the sale deed valid ?

(II) Whether the cour

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